Discussion On Relief System Of Administrative Contract In China

Administrative contract, which is also called administrative deed or public law deed, is a contract made by the administrative body and the relevant person after consultation and agreement; so that the administrative body can perform its administrative functions and achieve its development of modern market economy and is closely related to the appearance with economy in market economy countries.Administrative contact is also a result of the development of commodity economy and democratic movements. It can make the administrative body do better in performing its administrative functions and ensure the achievements of administrative goals and it also increase the enthusiasm and creativity of the relevant person, so that he can take part in activities of public welfare and guarantee his legal rights and interests effectively. Due to the requirement of achieving public goals of the society, the contact priority of the administrative body must be paid more attention to in the disposing of rights and obligations of different bodies when an administrative contract is being made. As a result, the relations of rights and obligations between the administrative body and the related person are unequal. This inequality is necessary, but it must be based on equilibrium and end up with overall dynamic equilibrium. So the formulation performance and supervision of an administrative contract should be controlled by procedural standard and to balance the interests of different parties concerned, and at the same time, sufficient legal relief rights should be given to the related person when disputes occur. A relief network of administrative adjudication, arbitration reconsideration and litigation should be set up, so that the related person can be entitled to choose his way of relief. The establishment of a certain regulation necessarily requires the setting up of relevant relief system. Administrative contract is no exception. As a new legal form with which the administrative body performs its functions, administrative contract is sure to arouse some disputes during its signing and performs and performance. Consequently the...